WHEN the UK Marine and Coastal Access Bill gained Royal Assent last week it also gave new powers for Scottish Ministers to protect Scotland’s marine environment.

Commenting on the landmark legislation, Scottish Fisheries Secretary Richard Lochhead said: "Our waters are home to some of the most spectacular wildlife and marine habitats on the planet. They also make a huge contribution to the economy through industries such as fishing.

"The powers in the UK Act delivered to Scotland are an important part of our new system for managing our seas for current and future generations. Together with the powers in our own Scottish Marine Bill they will enable Scotland to develop a network of Marine Protected Areas (MPAs) and contribute to international efforts to protect marine biodiversity."

Scotland's seas are unique to the UK and Europe, hosting a range of nationally important marine features; from habitats such as coldwater coral reefs and seamounts, to species including many commercially important fish; 36 per cent of the world's population of grey seals; the most northerly resident population of bottlenose dolphins; minke whales and most of the UK's reported sightings of basking shark.

Site based protection measures exist for some of these features through Special Areas of Conservation (SACs), designated under the EC Habitats Directive. However, new legislation was required to designate Marine Protected Areas (MPAs) for other remaining features that are of nature conservation importance, such as the flameshell, northern sea fan, common skate and burrowing anemone.

The UK Marine and Coastal Access Act 2009 provides the necessary framework for Scottish Ministers to manage human activities in Scotland's marine environment in a sustainable manner. In particular, the Act enables Scottish Ministers to designate MPAs in Scottish offshore waters (beyond 12 nautical miles from the coast) for the conservation of important marine habitats and species. The Scottish Government is working closely with the Joint Nature Conservation Committee (JNCC) to ensure that the site selection process is underpinned by sound scientific advice.

Marcus Yeo, Managing Director of JNCC said: "Scotland is endowed with a wealth of marine life and natural features which require safeguarding for future generations. JNCC is looking forward to working in partnership with Scottish Government and Scottish Natural Heritage to identify a range of MPAs that will support the conservation of these vitally important natural assets."

The Scottish Government is taking further measures to ensure that inshore waters around Scotland (within 12 nautical miles from the coast) are also afforded targeted protection. The Marine (Scotland) Bill, which was introduced to Scottish Parliament in April 2009, includes new powers to designate MPAs in Scottish inshore waters. Scottish Natural Heritage (SNH) will make recommendations to the Scottish Government about new MPAs within inshore waters.

The Scottish Government will work with JNCC and SNH to enable Scottish Ministers to contribute to international efforts to develop MPA networks and protect important marine features in Scottish waters.

In recognition of the important contribution marine industries and activities can make to Scotland's future, the Scottish Government will take measures to further ensure that the sea users are involved in developing recommendations on the establishment of MPAs.

Under the UK Marine and Coastal Access Act the Scottish Government has executive devolution of marine nature conservation and marine planning functions in offshore waters adjacent to Scotland. The identification, selection and designation of MPAs in offshore waters adjacent to Scotland will be led by Marine Scotland. The Scottish MPA project will facilitate a science based process with integral stakeholder engagement to develop recommendations on the MPAs required to complete the MPA network in the offshore waters adjacent to Scotland.

The Joint Nature Conservation Committee (JNCC) is the statutory adviser to Government on UK and international nature conservation, on behalf of the Council for Nature Conservation and the Countryside, the Countryside Council for Wales, Natural England and Scottish Natural Heritage. Its work contributes to maintaining and enriching biological diversity, conserving geological features and sustaining natural systems.

JNCC is the statutory conservation adviser to Government for UK offshore waters (beyond 12 nautical miles).

Further information on new MPAs, Natura 2000 sites including Special Areas of Conservation and Special Protection Areas

The UK Marine and Coastal Access Act also include powers to designate Marine Conservation Zones in English territorial waters and offshore waters adjacent to England, Wales and Northern Ireland. The Marine Conservation Zone Project has been established by Defra, Natural England and the Joint Nature Conservation Committee to identify and recommend Marine Conservation Zones (MCZs) in these waters to UK Government.